AKB Props. v. Rubberball Prod.
AKB Props. v. Rubberball Prod., 2021 UT App 48 (Hagen, J.)
The district court granted summary judgment in favor of Defendants, based on their declarations claiming that there had been an oral modification altering the agreement at issue. Circumstances prevented Plaintiff from putting on direct evidence in opposition to Defendants’ declarations, but Plaintiff claimed that the circumstantial evidence demonstrated genuine issues of fact. The Utah Court of Appeals reversed, holding:
- A nonmovant need not always proffer affidavits or declarations to avoid summary judgment. Even when the only direct evidence is offered by the moving party, the movant is not entitled to summary judgment as a matter of law if circumstantial evidence supports reasonable conflicting inferences, such that a trial issue of material fact exists. Here, there was more than enough circumstantial evidence to cast doubt on the veracity of Defendants’ declarations.